1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, the judgment on the argument that the defendant made in this court is added as follows.

2. Additional determination

A. Even if the Defendant’s assertion (de-appeal) is acknowledged as the Plaintiff’s claim for return of unjust enrichment of this case, since the approval of sub-lease on the State property of this case constitutes the permission of use or the permission of lecture under the State Property Act, the sub-lease of the State property of this case without such approval constitutes a case where the Plaintiff used the State property without permission of use

Therefore, if the Defendant’s above indemnity claim (1,426,373,580 won = 1,188,64,650 won x 120/1000 x 1,188,64,650 won x 120/100 x 1,188,64,650 won) against the Plaintiff, the Plaintiff’s claim for return of unjust enrichment of this case does not exist since all of the claim for return of unjust enrichment of this case was extinguished.

B. However, the fact that the Plaintiff subleases the State property of this case without approval from the Minister of Land, Infrastructure and Transport or the competent regional aviation administration is as seen earlier.

(1) However, the legal nature of approval for sublease of State property by the Minister of Land, Infrastructure and Transport (or the commissioner of a regional aviation administration delegated by the Minister of Land, Infrastructure and Transport) under Article 11(2) of the Korea Airports Corporation Act is defined as follows:

7. The term "permission for use" means permitting any person other than the State to use and benefit from any administrative property for a fixed period of time or without consideration;

applicable to the “use permit” of this section.

If a person who has the right to use or benefit from the existing state property subleases it without the approval of such sub-lease, there is no legal basis to regard it as a "unauthorized occupant" subject to the imposition of the indemnity, and ② the State Property Act is a sanction against the act of sub-lease.